HomeMy WebLinkAboutItem 12b - Resolution 7382 - Arcadia Firefighters' Association MOUResolution 7382, Arcadia Firefighters’ Association MOU
December 21, 2021
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DATE: December 21, 2021
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
Jason Kruckeberg, Assistant City Manager/Development Services Director
Hue C. Quach, Administrative Services Director
By: Shama P. Curian, Human Resources Administrator
SUBJECT: RESOLUTION NO. 7382 APPROVING A MEMORANDA OF
UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED
BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA FIRE
FIGHTERS’ ASSOCIATION AND RESOLUTION NO. 7401 AMENDING
THE FISCAL YEAR 2021-22 GENERAL FUND OPERATING BUDGET
AUTHORIZING A BUDGET APPROPRIATION FOR COSTS
ASSOCIATED WITH ADOPTION OF THE MEMORANDUM OF
UNDERSTANDING.
RESOLUTION NO. 7382 APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND RELATED
BENEFITS FOR EMPLOYEES REPRESENTED BY THE ARCADIA FIRE
FIGHTERS’ ASSOCIATION FOR JULY 1, 2021, THROUGH JUNE 30,
2024
Recommendation: Adopt
RESOLUTION NO. 7401 AMENDING THE FISCAL YEAR 2021-22
GENERAL FUND OPERATING BUDGET AUTHORIZING A BUDGET
APPROPRIATION IN THE AMOUNT OF $440,000 FOR COSTS
ASSOCIATED WITH ADOPTION OF THE ARCADIA FIRE FIGHTERS’
ASSOCIATION MEMORANDUM OF UNDERSTANDING
Recommendation: Adopt
SUMMARY
Resolution No. 7382 establishes terms of employment and compensation for City
employees represented by the Arcadia Fire Fighters’ Association (“AFFA”). Pursuant to
the Meyers-Milias-Brown Act, the City has met and conferred in good faith concerning
wages, benefits, and working conditions with the AFFA. The total projected cumulative
cost of the agreement is $2,380,318 over a contract term of three years: Fiscal Years
2021-22 through 2023-24.
Resolution 7382, Arcadia Firefighters’ Association MOU
December 21, 2021
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It is recommended that the City Council adopt Resolution No. 7382 establishing
compensation and related benefits for the employees represented by the AFFA group for
July 1, 2021, through June 30, 2024, and adopt Resolution No. 7401, authorizing a budget
appropriation for associated costs in the amount of $440,000, for Fiscal Year 2021-22.
BACKGROUND
The AFFA is a recognized employee organization that currently includes a total
membership of 48 Firefighters, Fire Paramedics, Fire Engineers, and Fire Captains who
play an essential role in providing exceptional emergency and safety services to the
residents and businesses of Arcadia. The previous AFFA Memorandum of Understanding
(“MOU”) was in effect from April 1, 2018, through June 30, 2020. Recognizing the climate
of economic uncertainty during the COVID-19 pandemic, on July 1, 2020, the Association
mutually agreed with the City to a one-year extension of the terms and working conditions
of their MOU. The agreement extended the MOU through June 30, 2021, with the intent
to begin negotiations in late fall of 2020 or early 2021.
The proposed agreement with AFFA represents nine months of negotiations between the
parties. At the onset of bargaining, The City’s negotiating team made its intentions
understood that the City must continue to meet current and future challenges, including
continually shifting economic factors, increases to retirement costs, and changing
demographics. Negotiations centered around these issues, along with the ability to
provide competitive, fair-market salaries commensurate to Arcadia’s relevant market, and
to cost-share with unit employees a portion of the Normal Cost of their pensions. The
Association’s and City management representatives have since held a number of
meetings to discuss the MOUs and issues raised by both parties regarding hours, wages,
working conditions, and personnel policies. During the course of negotiations,
management representatives met with the City Council to discuss the status and progress
and received direction on specific items under consideration.
DISCUSSION
Negotiations with the AFFA began in April 2021. Since then, the City’s negotiating team
and the AFFA held 11 meetings in an attempt to reach a tentative agreement that would
be beneficial to both the AFFA members and the City. Resolution No. 7382 reflects the
culmination of these meetings. The Memorandum of Understanding is based on a three-
year term, commencing retroactively on July 1, 2021, and expiring on June 30, 2024.
Detailed information on the most notable revisions for this MOU is included below.
Salary and Benefit Increases and Public Pension Reform Act (“PEPRA”)
The State of California enacted the California Public Employees’ Pension Reform Act of
2013 (“PEPRA”), which went into effect on January 1, 2013. A provision of PEPRA allows
equal sharing of normal pension costs between a City and its employees. PEPRA
Resolution 7382, Arcadia Firefighters’ Association MOU
December 21, 2021
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considerations were a significant part of the MOU negotiations with the AFFA. The
proposed MOU provides that Classic AFFA members will pay an extra 3% of pension
costs, phasing in a 1% increase of equal sharing of CalPERS pension costs each year of
the contract. In turn, the proposed contract establishes cost-of-living adjustments in each
year of the contract, and an increase to medical insurance. The cost-of-living adjustments,
medical insurance adjustment, and additional employee pension payments are shown
below:
• Year One: 3.0% cost of living adjustment to salary and $179.00/month increase to
the Employee + 1 tier, and a $275/month increase to the Family tier of the medical
benefit allowance to keep pace with increasing costs of health care premiums in
exchange for an additional 1% of CalPERS pension costs being borne by the
employees. Year One also includes one-time bonus payment totaling $67,200.
• Year Two: 4.0% cost of living adjustment to salary in exchange for an additional
1% of CalPERS pension costs being borne by the employees.
• Year Three: 5% cost of living adjustment to salary in exchange for an additional
1% of CalPERS pension costs being borne by the employees.
Longevity Incentive Increase
During the course of negotiations, the AFFA group discussed the difficulty in retaining
quality talent, and the additional costs in training and onboarding a newly-hired firefighter
to meet City of Arcadia Standards. To address this issue in part, it was agreed that an
additional tier of 20+ years of service will be created to retain tenured AFFA unit
employees. The final tier will add to the base salary an additional $500 monthly to those
employees who have completed 20 years of service.
Urban Search and Rescue Special Assignment Pay Increase
As part of the negotiation process, the AFFA requested an increase to the Urban Search
and Rescue (“USAR”) Special Assignment Pay. Those unit employees who meet the
State Office of Emergency Services minimum training standards for Type I Urban Search
and Rescue shall receive an additional $18.00 per pay period for each year of the
agreement. The current compensation for those employees who meet the standards is
$50.00 per pay period, and with the phased-in increases each fiscal year, the cumulative
total at the onset of the 3rd year of this agreement will be $104.00 per pay period.
MOU Clean-Up
The proposed MOU also contains revisions to comply with updated laws and clean-up
language to accurately reflect current practices and procedures. These MOU items were
proposed by City Management to streamline, simplify, and modernize the document.
Resolution 7382, Arcadia Firefighters’ Association MOU
December 21, 2021
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The proposed agreement helps align the City’s workforce strategies with its business and
service goals while ensuring it can attract and retain highly skilled and experienced
personnel.
The AFFA membership have since voted to accept the proposed terms and conditions
for their successor MOU.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. As such, this matter is exempt under CEQA.
FISCAL IMPACT
Over the next three Fiscal Years, the cumulative cost of the compensation and benefit
changes associated with the proposed AFFA MOU is $2,380,318. Associated costs with
the successor Memorandum were not projected into the Fiscal Year 2021-22 Budget
during its adoption since such costs were uncertain at the time. Resolution No. 7401
requests authorization for an amended budget appropriation of $440,000 to the Fiscal
Year 2021-22 General Fund Operating Budget in view of the successor Memorandum.
The costs of FY 2022-23 and 2023-24 will be incorporated into subsequent budgets.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project and is therefore, exempt under the California Environmental Quality Act (“CEQA”);
and adopt Resolution No. 7382 approving a Memorandum of Understanding establishing
compensation and related benefits for the employees represented by the Arcadia Fire
Fighters’ Association for July 1, 2021, through June 30, 2024, and adopt Resolution No.
7401, amending the Fiscal Year 2021-22 General Fund Operating Budget authorizing a
budget appropriation in the amount of $440,000 for costs associated with the adoption of
Arcadia Fire Fighters’ Association Memorandum of Understanding.
Attachments: Resolution No. 7382 – AFFA Memorandum of Understanding
(final version) and Salary Schedules
Resolution No. 7401 – Amending FY 2021-22 General Fund Operating
Budget
CITY OF ARCADIA
AND
ARCADIA FIRE FIGHTERS’ ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 2021- JUNE 30, 2024
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Contents
ARTICLE I. ............................................................................................................ 1
Section A. PARTIES AND RECOGNITION ..................................................... 1
Section B. APPROPRIATE UNIT .................................................................... 1
Section C. MUTUAL RECOMMENDATION ..................................................... 1
ARTICLE II. ............................................................................................................ 1
Section A. TERM ............................................................................................. 1
Section B. MAINTENANCE OF BENEFITS ..................................................... 1
Section C. SAVINGS CLAUSE ........................................................................ 2
Section D. STATE AND FEDERAL LAWS ...................................................... 2
ARTICLE III. ASSOCIATION RIGHTS ..................................................................... 2
Section A. RIGHT TO JOIN ............................................................................. 2
Section B. USE OF BULLETIN BOARDS ....................................................... 2
Section C. NEW EMPLOYEE ORIENTATION ................................................ 2
Section D. ACCESS TO FACILITIES .............................................................. 3
Section E. REASONABLE NOTICE ................................................................ 3
ARTICLE IV. MANAGEMENT RIGHTS .................................................................... 4
ARTICLE V. COMPENSATION ............................................................................... 4
Section A. CLASSIFICATIONS/SURVEYS/STUDIES ..................................... 4
Section B. PROMOTION OR ADVANCEMENT IN RATE OF
COMPENSATION .......................................................................... 5
Section C. EDUCATIONAL INCENTIVE COMPENSATION............................ 5
Section D. STEP INCREASE PERCENTAGES .............................................. 6
Section E. FIRE PREVENTION BUREAU ASSIGNMENT .............................. 6
Section F. CAPTAIN II COMPENSATION....................................................... 7
Section G. ADMINISTRATIVE CAPTAIN COMPENSATION........................... 7
Section H. URBAN SEARCH AND RESCUE COMPENSATION .................... 7
Section I. OUT OF RANK PARAMEDIC COMPENSATION .......................... 7
Section J. SPECIAL ASSIGNMENT COMPENSATION ................................. 8
Section K. MOVIE DETAIL .............................................................................. 8
ARTICLE VI. OVERTIME .......................................................................................... 8
Section A. FAIR LABOR STANDARDS ACT ................................................... 8
Section B. MINIMUM CREDIT AND EMERGENCY RECALL ......................... 8
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Section C. SHIFT EXCHANGES ..................................................................... 9
Section D. EARLY RELIEF .............................................................................. 9
Section E. SHIFT SCHEDULE ........................................................................ 9
ARTICLE VII. LONGEVITY PAY .............................................................................. 10
ARTICLE VIII. RETIREMENT ................................................................................... 10
Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 .......................... 10
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT
BEFORE OCTOBER 9, 2011 ....................................................... 12
Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011
OTHER THAN NEW CALPERS MEMBERS ................................ 14
Section D. NEW CalPERS MEMBERS HIRED AFTER JANUARY 1,
2013 ............................................................................................. 16
ARTICLE IX. RETIREE MEDICAL .......................................................................... 17
Section A. RETIREE MEDICAL– EMPLOYEES HIRED PRIOR TO
JULY 1, 2011 ............................................................................... 17
Section B. RETIREE MEDICAL FOR EMPLOYEES HIRED ON OR
AFTER JULY 1, 2011 ................................................................... 19
Section C. RETIREE MEDICAL TRUST ......................................................... 19
ARTICLE X. HEALTH, DENTAL, VISION, LIFE INSURANCE, AND
DEFERRED COMPENSATION ......................................................... 20
Section A. CONTRIBUTIONS ....................................................................... 20
ARTICLE XI. DISABILITY INCOME INSURANCE .................................................. 22
ARTICLE XII. UNIFORMS ....................................................................................... 22
Section A. UNIFORM SUPPLY ..................................................................... 22
Section B. UNIFORM REPLACEMENT PROGRAM ..................................... 23
Section C. SAFETY SHOES .......................................................................... 23
Section D. RETURN OF UNIFORMS ............................................................ 23
Section E. UNIFORM REPORTING .............................................................. 23
ARTICLE XIII. TUITION ADVANCEMENT/ REIMBURSEMENT .............................. 23
ARTICLE XIV. LEAVES ............................................................................................ 24
Section A. POWER TO GRANT LEAVES ..................................................... 25
Section B. MILITARY LEAVE ........................................................................ 25
Section C. VACATION LEAVE ...................................................................... 26
Section D. SICK LEAVE ................................................................................ 27
Section E. BEREAVEMENT LEAVE ............................................................. 29
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Section F. WORKERS' COMPENSATION .................................................... 30
Section G. HOLIDAYS ................................................................................... 30
Section H. JURY LEAVE ............................................................................... 30
Section I. WITNESS LEAVE ........................................................................ 31
Section J. UNAUTHORIZED ABSENCE....................................................... 31
Section K. UNION LEAVE ............................................................................. 31
ARTICLE XV. PROBATIONARY PERIOD ............................................................... 31
Section A. .......................................................................................................... 31
Section B. .......................................................................................................... 32
Section C. .......................................................................................................... 32
Section D. .......................................................................................................... 32
ARTICLE XVI. EMT-1 CERTIFICATION ................................................................... 32
ARTICLE XVII. NO SMOKING POLICY ..................................................................... 32
ARTICLE XVIII. RESPONSE TIME ............................................................................. 33
ARTICLE XIX. STAFFING ......................................................................................... 33
Section A. DAILY STAFFING LEVELS ......................................................... 33
Section B. STRIKE TEAM REST PERIOD .................................................... 34
ARTICLE XX. WELLNESS PROGRAM ................................................................... 34
ARTICLE XXI. EMPLOYEE GRIEVANCES .............................................................. 34
Section A. DEFINITIONS .............................................................................. 34
Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE ............ 34
Section C. TIMELINESS ................................................................................ 35
Section D. EMPLOYEE REPRESENTATION ................................................ 35
Section E. INFORMAL GRIEVANCE PROCEDURE ..................................... 35
Section F. FORMAL GRIEVANCE PROCEDURE ........................................ 35
Section G. APPEAL TO HUMAN RESOURCES COMMISSION ................... 37
ARTICLE XXII. FULL UNDERSTANDING ................................................................. 42
Section A. .......................................................................................................... 42
Section B. .......................................................................................................... 42
2021 - 2024 NEGOTIATION TEAMS ........................................................................... 43
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Article I.
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the
Management representatives of the City of Arcadia, hereinafter referred to as
the "City" and representatives of the Arcadia Firefighters' Association, a
formally recognized employee organization, hereinafter referred to as the
"Association", pursuant to the provisions of the Meyers-Milias-Brown Act
(Government Code §§3500 et. seq.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
• Firefighter
• Firefighter Paramedic
• Fire Engineer
• Fire Captain
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation
to be presented to the Association members for ratification, and to the City
Council for adoption.
Article II.
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours and
other terms and conditions of employment and it is mutually agreed that this
Memorandum of Understanding shall be effective for the period beginning
July 1, 2021 and ending on June 30, 2024.
Section B. MAINTENANCE OF BENEFITS
For the term of this MOU, all currently effective provisions of the City Council,
including ordinances, resolutions, mini-resolutions and budgets relating to
any mandatory item of the meet and confer process shall remain in effect as
currently administered except as modified by this Agreement.
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Section C. SAVINGS CLAUSE
If any provision or the application of any provision of this Agreement as
implemented should be rendered or declared invalid by any final court action
or decree or by reasons of any preemptive legislation, such provision shall be
deemed stricken from the Agreement, and any right, benefit or obligation
conferred by that provision shall be discontinued. The remaining Sections of
this Agreement shall remain in full force and effect for the duration of said
Agreement.
Section D. STATE AND FEDERAL LAWS
The City and Association agree to abide by all State and Federal laws relating
to employer-employee relations and employee benefits, and perceived
infractions shall not be a grievous offense, but must be pursued through
proper legal channels.
ARTICLE III. ASSOCIATION RIGHTS
Section A. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form,
join and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Association's use designated bulletin boards
where employees in the bargaining unit have access during regular business
hours subject to the following conditions:
1. All postings for bulletin boards must contain the date of posting and
the identification of the organization; and
2. The Association will not post information that is defamatory,
derogatory, or obscene subject to the immediate removal of the right
to post for a period not to exceed 90 days.
Section C. NEW EMPLOYEE ORIENTATION
In accordance with AB 119, the City shall notify the Board when a new
employee is hired in the bargaining unit, including during new employee
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onboarding and when a new employee orientation occurs. The City will
provide reasonable paid release time of 30 minutes for the Board to meet with
the new employee for the purposes of discussing membership in the
Association. A Board representative will notify the City when a new employee
has signed a membership card authorizing membership dues deduction and
when such deductions shall begin.
The City shall rely on the representations made by the association regarding
the authorization to make, revoke, cancel, or change deductions for
employees represented by the AFFA. The City shall deduct dues on a regular
payroll basis for employees represented by the AFFA following receipt of
written notice from AFFA that written authorization has been provided to the
Association by the employee.
If an AFFA represented employee desires to revoke, cancel, or change prior
dues deduction, such requests shall be directed in writing to the Association,
which shall promptly provide written notice to the City.
Section D. ACCESS TO FACILITIES
All Association business will be conducted by employees and Association
representatives outside of established work hours whenever possible.
Nothing herein shall be construed to prevent an Association representative
or an employee from contacting the Human Resources Administrator or other
Management representatives regarding personnel related matters during
work hours.
The authorized representative shall be given access to work locations during
working hours provided that prior to visiting any work location the Association
representative shall:
1. Contact the Human Resources Administrator, the Fire Chief, or their
designee, to state the purpose of the visit; and
2. The Human Resources Administrator, the Fire Chief, or their
designee determines that such visit shall not interfere with the
operations of the department.
Section E. REASONABLE NOTICE
It is mutually understood and agreed that a copy of the City Council and/or
Human Resources Commission agenda for each meeting emailed to three
authorized representatives of the Association shall constitute reasonable
written notice of any opportunity to meet with such agencies, on all matters
within the scope of representation upon which the City Council or Human
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Resources Commission may act. The Association shall provide the Human
Resources Administrator with the names and addresses of the 3 authorized
representatives within 5 days of the effective date of this agreement.
Changes of authorized representatives shall be in writing and may be
submitted on an as needed basis.
Article IV. MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this Agreement, the
City hereby retains and reserves unto itself all rights, powers, authority, duty
and responsibilities confirmed on and vested in it by the laws and the
constitution of the State of California, the Charter of the City of Arcadia and/or
the laws and Constitution of the United States of America.
The management and the direction of the workforce of the City is vested
exclusively in the City, and nothing in this Agreement is intended to
circumscribe or modify the existing rights of the City to direct the work of its
employees; hire, promote, demote, transfer, assign, staff and retain
employees in positions within the City, subject to the Personnel Rules and
Regulations of the City; suspend or discharge employees for proper cause;
maintain the efficiency of governmental operations; relieve employees from
duties for lack of work or other good reason; take action as may be necessary
to carry out the City's mission and services in emergencies; and to determine
the methods, means and personnel by which the operations are to be carried
out.
Article V. COMPENSATION
Section A. CLASSIFICATIONS/SURVEYS/STUDIES
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of 3% effective July 1, 2021, 4% effective July 1, 2022,
and 5% effective July 1, 2023. The salary schedules for classifications
covered by this MOU are set forth on Exhibit “A” and incorporated herein.
Retro increases will be given to COLA base pay and only to those unit
members on City payroll as of the date of ratification of this agreement.
Each AFFA member on City payrolls as of the date of ratification of this
agreement shall receive a one-time non-PERSable bonus of $1,400.
In the event the City conducts another compensation study in the future, the
City agrees to include EMT Bonus Pay of the surveyed cities as a component
of base pay.
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The City’s last Labor Market Salary Survey was completed December 2020.
The survey utilized a labor market for the City, which included fire service
salary data for the County of Los Angeles, and the cities of Alhambra,
Burbank, Downey, Monrovia, Monterey Park, Pasadena, Redondo Beach
and West Covina.
In the event that one or more of the above cities discontinues operating a City
fire department, the following cities, in this order, shall be used to replace any
such city: 1) Culver City and 2) Manhattan Beach.
The classifications Firefighter and Fire Captain are benchmark classes within
the survey.
Section B. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
When an employee is promoted, the pay shall advance to the lowest step in
such higher range that will provide not less than approximately a 5% increase
in compensation unless the top step in such range provides less than that
amount. The 5% shall be measured by the salary from which the employee
is promoted.
When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step increases.
Any salary increases members are due from promotions or new hires shall
continue to be received in accordance with the AFFA Memorandum of
Understanding and City Rules and Regulations. These increases shall take
place on their hire date or their appointment/promotion date.
Section C. EDUCATIONAL INCENTIVE COMPENSATION
During the term of this contract, both parties agree to meet and confer on the
issue of eliminating individual assignment pays and special assignment
stipends and building all into single position/class ranges. However, there
will be no changes to the MOU language and/or practice unless both parties
mutually agree.
Qualified employees who possess an Associate of Arts degree, shall receive
an additional 2.5% as their regular salary. Employees who possess a
Bachelor of Arts or Science degree shall receive an additional 5% as their
regular salary.
Employees shall qualify for the Education Incentive Compensation increases
when they have been awarded a degree in a field closely related to their job
duties. Typical fields of specialization include Fire Science, Fire
Administration, Management, Business Administration, Psychology,
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Sociology, Nursing, Allied Health, Emergency Medical Services, and Public
Administration. Other areas of specialization will be considered when they
are of direct benefit to the City with the approval of the Fire Chief and Human
Resources Administrator.
An employee who does not possess a degree, but has 60 or more college
units acceptable to a college or university which is accredited by the California
Department of Education towards a Baccalaureate degree and has
completed a minimum of 20 units in fire related courses acceptable to an
accredited California Junior College towards an Associate of Arts Degree in
Fire Science, Fire Administration, Emergency Medical Services or related
degree shall receive an additional 2.5% as their regular salary.
Degrees shall be granted by colleges and universities which are fully
accredited in the state of California.
Members who qualify for any step advancement based on education shall
provide to the Fire Chief a copy of their transcript which demonstrates that
qualified units were achieved, or the notation of the degree received. The
copy of the transcript will become part of the individual’s personnel file.
Section D. STEP INCREASE PERCENTAGES
The parties acknowledge that the percentages between steps shall be as
close to 2.5% as the payroll computer's capability allows.
Section E. FIRE PREVENTION BUREAU ASSIGNMENT
Fire suppression personnel assigned to the Fire Prevention Bureau shall
receive $69.23 per pay period in addition to their base salary. Thereafter, the
Fire Chief shall set the stipends for this assignment on an annual basis no
less than the current MOU provision.
During the term of this Agreement, non-shift (40-hour workweek) Firefighter
personnel assigned to the Fire Prevention Bureau as a Deputy Fire Marshal
shall be paid at the same salary range as Fire Captain.
In accordance with the provisions of the Fair Labor Standards Act, this
additional compensation shall be added to base pay for the computation of
overtime for the positions mentioned above.
Employees assigned to the Fire Prevention Bureau on a modified work basis
(temporary or permanent assignment) due to either an on-the-job or off-the-
job illness or injury shall not receive the additional assignment pay.
Employees regularly assigned to the Fire Prevention Bureau, who are injured
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or ill and thereafter return to the assignment on a modified work basis, shall
not lose their assignment pay.
Section F. CAPTAIN II COMPENSATION
Except as provided hereinafter, during the term of this Agreement a Fire
Captain assigned by the Fire Chief to be in command of a Truck Company
shall be appointed to Fire Captain II. A Fire Captain assigned by the Fire
Chief to serve as Fire Captain II shall receive 5% in addition to their base
salary during the period of the assignment as Captain II.
Section G. ADMINISTRATIVE CAPTAIN COMPENSATION
During the term of this Agreement a Fire Captain with a Bachelors’ Degree,
assigned by the Fire Chief to be an Administrative Captain shall receive $260
per pay period in addition to their base salary during the period of the
assignment as the Administrative Captain.
During the term of this Agreement a Fire Captain with an Associate Degree
or equivalent, assigned by the Fire Chief to be an Administrative Captain shall
receive $255 per pay period in addition to their base salary during the period
of the assignment as the Administrative Captain.
Section H. URBAN SEARCH AND RESCUE COMPENSATION
Effective July 1, 2021, any represented employee who meets the State Office
of Emergency Services minimum training standards for Type I Urban Search
and Rescue shall receive $68.00 per pay period in addition to their base
salary.
Effective July 1, 2022, any represented employee who meets the State Office
of Emergency Services minimum training standards for Type I Urban Search
and Rescue shall receive $86.00 per pay period in addition to their base
salary.
Effective July 1, 2023, any represented employee who meets the State Office
of Emergency Services minimum training standards for Type I Urban Search
and Rescue shall receive $104.00 per pay period in addition to their base
salary.
Section I. OUT OF RANK PARAMEDIC COMPENSATION
During the term of this Agreement, a represented employee who is not
assigned as a Firefighter/Paramedic and maintains their Paramedic
Certification shall receive $50 per pay period in addition to their base salary.
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Section J. SPECIAL ASSIGNMENT COMPENSATION
A maximum of 10 members represented by this Agreement who perform
special assignments as identified by the Fire Chief shall receive $25 per pay
period.
These positions shall include the following: Maintenance Coordinator,
Communications Coordinator, Paramedic Coordinator, SCBA Coordinator,
(3) Shift Arson Investigator, (3) Background Investigator. No employee shall
be compensated for performing more than one of these positions.
Section K. MOVIE DETAIL
Employees represented by this Agreement shall be compensated at the top
step of the Fire Captain BA hourly rate, with a 6-hour minimum at time and
one half for all movie detail worked. In the event of a Movie Detail
Cancellation, Arcadia Fire Departmental Policy number 110.1 “Movie Detail
Cancellations” will be followed.
Article VI. OVERTIME
The Fire Chief may require employees in the Fire Department to work at any
time other than during regular working hours until such work is accomplished.
Section A. FAIR LABOR STANDARDS ACT
For periods of time that the Fair Labor Standards Act applies to employees in
classifications covered by this Agreement, any such employee who is
required to work in excess of the standard hours established by the Act
(currently 192 hours in a 24-day period) shall be compensated at the rate of
time and one-half the employee's regular rate of pay, provided the employee
is not otherwise exempt. Computation of overtime and payment for overtime
shall comply with the Department of Labor regulations.
Except as provided hereinafter, for purposes of overtime calculation, all paid
leaves of absence shall be regarded as hours worked, except sick leave. Sick
leave will be regarded as hours worked for any member of this unit with 25
years of service or more with the City of Arcadia. No overtime credit shall be
allowed for any period less than one-quarter hour.
Section B. MINIMUM CREDIT AND EMERGENCY RECALL
No overtime credit shall be allowed for any period less than one-quarter hour,
provided that an employee who is recalled back to work after completing a
day's work, including any overtime, shall receive a minimum credit of one hour
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at time and one-half at their hourly rate. Emergency Recall for sworn
classifications shall receive a minimum credit of 2 hours overtime at the
employee's hourly rate. This also includes members who have reported for
duty under normal hiring procedures.
Section C. SHIFT EXCHANGES
Unit members may voluntarily trade shifts among themselves. While the
employees’ supervisors must approve the shift trade in writing, no supervisor
will require, reward or otherwise compel employees to trade shifts. An
employee may refuse to participate in any shift trade without explanation.
Supervisors establish the employees’ schedules to meet the needs of the
Department and therefore, shift trading is exclusively for the employees’
convenience.
A shift trade under this article results in 1 employee working the shift of
another employee or a portion thereof. Both employees will be paid their
regular wages for the workweek in which the shift occurred. The employee
working the extra shift will receive no overtime compensation for doing so.
The employee whose shift was worked by another employee will not forfeit
any compensation as a result of the trade.
Section D. EARLY RELIEF
The practice of “early shift relief” shall be voluntary on behalf of each
employee involved in the relief. The employee providing the early relief shall
not have compensable hours decreased as a result of the early relief.
“Paybacks” of early relief hours are the sole obligation of the two employees
involved in the early relief. Any dispute shall be resolved by the involved
employees in the early relief, and under no circumstances will the department
be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed
to employees by other employees that leave the employment of the City or
are assigned to other duties.
When early relief is requested by the department, the employee will be
compensated following current FLSA overtime procedures.
Section E. SHIFT SCHEDULE
For periods of time that the Fair Labor Standards Act applies to employees in
classifications covered by this Agreement, any such employee who is
required to work in excess of the standard hours established by the Act (192
hours in a 24-day period, subsection 7(k) FLSA) shall be compensated at the
rate of time and one-half the employee’s regular rate of pay, provided that the
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employee is not otherwise exempt. Computation of overtime and payment for
overtime shall comply with the Department of Labor regulations.
Except as provided hereinafter, for purposes of overtime calculations, all paid
leaves of absence shall be regarded as hours worked, except sick leave. Sick
leave will be regarded as hours worked for any member of this unit with 25
years of service or more with the City of Arcadia. No overtime credit shall be
allowed for any period less than one-quarter hour.
Article VII. LONGEVITY PAY
Longevity Pay will be implemented based on the following formula:
Completed Years of Continuous Service Amount/Pay Period
5-9 Years $42.02
10-14 Years $63.04
15-19 Years $84.06
20+ Years $230.77
The Longevity Pay benefit is effective the pay period an employee completes
5, 10, 15, or 20 years of continuous employment with the City. The foregoing
amounts shall be subject to applicable payroll deductions.
Article VIII. RETIREMENT
Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011
The City contracts with the State of California Public Employees Retirement
System (CalPERS) for the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer, and Fire Captain. The plan shall include the
following options:
1. 3% at age 50 retirement formula (Government Code §21362.3).
2. Single highest year final compensation Government Code §20042).
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Government Code § 20965).
5. 1959 Survivors Benefit for which each employee contributes $0.93 per pay
period.
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6. Fourth level 1959 Survivors Benefit increased allowance (Government
Code §21574).
7. Military service credit as public service option (Government Code § 21024).
It is agreed and understood that the employee is responsible for paying for
this benefit.
8. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service credit purchases.
9. Provided the employee signs a waiver releasing and holding the City
harmless from any liability whatsoever, the City agrees to allow members to
use funds from their deferred compensation (457 Plan) towards the pre-tax
payroll deduction plan for service credit purchases.
10. Special compensation items shall be reported to CalPERS in accordance
with applicable law.
11. Employees agree to make contributions to offset a portion of the City’s
costs related to CalPERS retirement benefits. The employee cost-sharing
will be accomplished through pre-tax deductions in the manner
contemplated by Government Code §20516(f). The parties recognize that
the IRS has yet to take a position on the pre-tax status of deductions made
under §20516(f) and in the event that, subsequent to the effective date of
this provision, the IRS determines that such deductions do not qualify for
pre-tax status, the parties agree to meet and discuss the effects thereof.
The cost-sharing arrangement will be implemented as below.
12. Employees will continue to pay 9% of PERSable compensation for
CalPERS retirement. Employees will also contribute an additional 3%
cost share for CalPERS retirement through a phase-in approach, as
follows:
a. Effective July 1, 2021, each Classic Member employee shall
contribute an additional cost share amount equal to 1% of
compensation earnable towards the employer PERS contribution
for a total of 10%.
b. Effective July 1, 2022, each Classic Member employee shall
contribute an additional cost share amount equal to 1% of
compensation earnable towards the employer PERS contribution,
for a total of 11%.
c. Effective July 1, 2023, each Classic Member employee shall
contribute an additional cost share amount equal to 1%, of
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compensation earnable towards the employer PERS contribution,
for a total of 12%.
13. The City shall continue to pay the full cost of the employees’ normal
member contribution to CalPERS of 9% (EPMC) and shall continue to
report that as additional compensation pursuant to Government Code
§20636(c)(4). Further, said amount will be allocated to the employee’s
retirement account.
14. The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), employees agree to cost share this benefit with the City through
pre-tax deductions in the manner contemplated by §20516(f) of the
Government Code. The parties recognize that the IRS has yet to take a
position on the pre-tax status of deductions made under §20516(f) and in
the event that, subsequent to the effective date of this provision, the IRS
determines that such deductions do not qualify for pre-tax status, the
parties agree to meet and discuss the effects thereof. It is agreed and
understood that both parties shall split the cost of this optional benefit
which was determined to be a total of 0.22%. the cost sharing
arrangement will be implemented as follows:
a. Employees will pay 0.11% of PERSable compensation to CalPERS
retirement via payroll deduction; and the City will pay 0.11% of
PERSable compensation to CalPERS retirement.
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE
OCTOBER 9, 2011
The City contracts with the State of California Public Employees Retirement
System (CalPERS) for the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer, and Fire Captain. The plan shall include the
following options:
1. 3% at age 50 retirement formula (Government Code §21362.3).
2. Single highest year final compensation Government Code §20042).
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Government Code § 20965).
5. 1959 Survivors Benefit for which each employee contributes $0.93 per pay
period.
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6. Fourth level 1959 Survivors Benefit increased allowance (Government
Code §21574).
7. Military service credit as public service option (Government Code § 21024).
It is agreed and understood that the employee is responsible for paying for
this benefit.
8. Employee will pay the full 9% member contribution to CalPERS on a pre-tax
basis via payroll deduction.
9. Employees will also contribute 3% cost share for CalPERS retirement
through a phase-in approach as listed below. The cost share amount is
separate from, and in addition to, the 9% required member contribution
described in Subsection 8 above. The employee cost share amount will
be accomplished through pre-tax deductions in the manner contemplated
by Government Code Section 20516(f). The parties recognize that the IRS
has yet to take a position on the pre-tax status of deductions made under
Government Code Section 20516(f). In the event that such deductions do
not qualify for pre-tax status, the parties agree to meet and discuss the
effects of that change.
a. Effective July 1, 2021, each Classic Member employee shall
contribute a cost share amount equal to 1% of compensation
earnable towards the employer PERS contribution.
b. Effective July 1, 2022, each Classic Member employee shall
contribute an amount equal to 1% of compensation earnable
towards the employer PERS contribution, for a total additional cost
share amount of 2%.
c. Effective July 1, 2023, each Classic Member employee shall
contribute an amount equal to 1%, of compensation earnable
towards the employer PERS contribution, for a total additional cost
share amount of 3%.
10. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service credit purchases.
11. Provided the employee signs a waiver releasing and holding the City
harmless from any liability whatsoever, the City agrees to allow members to
use funds from their deferred compensation (457 Plan) towards the pre-tax
payroll deduction plan for service credit purchases.
12. Special compensation items shall be reported to CalPERS in accordance
with applicable law.
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13. The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), employees agree to cost-share this benefit with the City through
pre-tax deductions in the manner contemplated by §20516(f) of the
Government Code. The parties recognize that the IRS has yet to take a
position on the pre-tax status of deductions made under §20516(f) and in
the event that, subsequent to the effective date of this provision, the IRS
determines that such deductions do not qualify for pre-tax status, the
parties agree to meet and discuss the effects thereof. It is agreed and
understood that both parties shall split the cost of this optional benefit
which was determined to be a total of .22%. the cost-sharing arrangement
will be implemented as follows:
a. Employees will pay 0.11% of PERSable compensation to CalPERS
retirement via payroll deduction; and the City will pay 0.11% of
PERSable compensation to CalPERS retirement.
Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN
NEW CALPERS MEMBERS
The City contracts with the State of California Public Employees Retirement
System (CalPERS) for the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer, and Fire Captain. The plan shall include the
following options:
1. 3% at age 55 retirement formula (Government Code §7522.25).
2. A 3-year average final compensation period (Government Code §20037).
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Government Code §20965).
5. 1959 Survivors Benefit for which each employee contributes $0.93 per
pay period.
6. Fourth level 1959 Survivor’s Benefit increased allowance (Government
Code §21574).
7. Military service credit as public service option (Government Code
§21024). It is agreed and understood that the employee is responsible for
paying for this benefit.
8. Employees will pay the full 9% member contribution to CalPERS on a pre-
tax basis via payroll deduction.
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9. Employees will also contribute 3% cost share for CalPERS retirement
through a phase-in approach as listed below. The cost share amount is
separate from, and in addition to, the 9% required member contribution
described in Subsection 8 above. The employee cost share amount will
be accomplished through pre-tax deductions in the manner contemplated
by Government Code Section 20516(f). The parties recognize that the IRS
has yet to take a position on the pre-tax status of deductions made under
Government Code Section 20516(f). In the event that such deductions do
not qualify for pre-tax status, the parties agree to meet and discuss the
effects of that change.
a. Effective July 1, 2021, each Classic Member employee shall
contribute a cost share amount equal to 1% of compensation
earnable towards the employer PERS contribution.
b. Effective July 1, 2022, each Classic Member employee shall
contribute an amount equal to 1% of compensation earnable
towards the employer PERS contribution, for a total additional cost
share amount of 2%.
c. Effective July 1, 2023, each Classic Member employee shall
contribute an amount equal to 1%, of compensation earnable
towards the employer PERS contribution, for a total additional cost
share amount of 3%.
10. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service credit purchases.
11. Provided the employee signs a waiver releasing and holding the City
harmless from any liability, whatsoever, the City agrees to allow members
to use funds from their deferred compensation (457 plan) towards the pre-
tax payroll deduction plan for service credit purchases.
12. Special compensation items shall be reported to CalPERS in accordance
with applicable law, and
13. The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), employees agree to cost share this benefit with the City through
pre-tax deductions in the manner contemplated by §20516(f) of the
Government Code. The parties recognize that the IRS has yet to take a
position on the pre-tax status of deductions made under §20516(f) and in
the event that, subsequent to the effective date of this provision, the IRS
determines that such deductions do not qualify for pre-tax status, the
parties agree to meet and discuss the effects thereof. It is agreed and
understood that both parties shall split the cost of this optional benefit
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which was determined to be a total of 0.22%. The cost-sharing
arrangement will be implemented as follows:
a. Employees will pay 0.11% of PERSable compensation to CalPERS
retirement via payroll deduction; and the City will 0.11% of
PERSable compensation to CalPERS retirement.
Section D. NEW CalPERS MEMBERS HIRED AFTER JANUARY 1, 2013
The City contracts with the State of California Public Employees Retirement
System (CalPERS) for the classifications of Firefighter, Firefighter
Paramedic, Fire Engineer, and Fire Captain. The plan shall include the
following options:
1. 2.7% at age 57 retirement formula (Government Code §7522.25).
2. A 3-year average final compensation period (Government Code §20037).
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Government Code §20965).
5. 1959 Survivors Benefit for which each employee contributes $0.93 per
pay period.
6. Fourth level 1959 Survivor’s Benefit increased allowance (Government
Code §21574).
7. Military service credit as public service option (Government Code
§21024). It is agreed and understood that the employee is responsible for
paying for this benefit.
8. Employee will pay 50% of the normal cost, currently 12% member
contribution to CalPERS on a pre-tax basis via payroll deduction
(Government Code §7522.30).
9. The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service credit purchases.
10. Provided the employee signs a waiver releasing and holding the City
harmless from any liability, whatsoever, the City agrees to allow members
to use funds from their deferred compensation (457 plan) towards the pre-
tax payroll deduction plan for service credit purchases.
11. Special compensation items shall be reported to CalPERS in accordance
with applicable law, and
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12. The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), employees agree to cost share this benefit with the City through
pre-tax deductions in the manner contemplated by §20516(f) of the
Government Code. The parties recognize that the IRS has yet to take a
position on the pre-tax status of deductions made under §20516(f) and in
the event that, subsequent to the effective date of this provision, the IRS
determines that such deductions do not qualify for pre-tax status, the
parties agree to meet and discuss the effects thereof. It is agreed and
understood that both parties shall split the cost of this optional benefit
which was determined to be a total of 0.22%. The cost-sharing
arrangement will be implemented as follows:
a. Employees will pay 0.11% of PERSable compensation to CalPERS
retirement via payroll deduction; and the City will pay 0.11% of
PERSable compensation to CalPERS retirement.
Article IX. RETIREE MEDICAL
Section A. RETIREE MEDICAL– EMPLOYEES HIRED PRIOR TO JULY 1, 2011
For employees hired before July 1, 2011, and retiring from the City on or after
January 1, 2012 (“Tier 2 Retirees”), the City agrees to provide a premium
reimbursement for the purpose of purchasing health coverage offered
through CalPERS for the Tier 2 Retiree and their spouse in an amount not to
exceed the monthly premium applicable to the coverage level for the retiree
(i.e. Employee Only or Employee + spouse) up to $505.63 for employees only
and up to $1,011.26 for employee + spouse. The Premium Payment shall be
payable in the following form: (1) PEMHCA Minimum contribution payable
directly to CalPERS, and (2) a reimbursement to the Tier 2 Retiree equal to
the difference between the cost of plan in which the Tier 2 Retiree enrolls,
subject to the foregoing cap, and the PEMHCA Minimum contribution
(“Reimbursement”). If a retiree enrolls in a more expensive plan, they will be
responsible for payment of any premium in excess of the capped amount.
The reimbursement shall cease for the Tier 2 retiree upon eligibility for
Medicare coverage, and the spousal reimbursement shall cease upon
eligibility for Medicare coverage, or after 15 years, whichever occurs first.
Tier 2 Retirees must be “eligible retirees” in order to receive the benefits
described in this paragraph.
1. An “eligible retiree” is a sworn unit member who retires on a service,
disability, or industrial disability retirement and has 1,500 hours of
accumulated sick leave at the date of retirement. An employee who has
fewer than 1,500 hours of accumulated sick leave at the date of
retirement may become eligible for coverage for the employee and
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spouse health insurance premium by paying the City an amount equal to
their daily pay rate at the time of retirement times the number of days
needed to meet the 1,500 hours of accumulated sick leave requirement.
There are 3 conditions for employees to be eligible to exercise this
buyback provision:
a. The employee must be at least 50 years old.
b. The employee must have worked full-time continuously for the City
of Arcadia for a minimum of 15 years, and
c. The employee is limited to purchasing a maximum of 500 hours of
sick leave; provided, however, upon verification of information from
a qualified medical provider that an employee has substantially
depleted the employee’s sick leave accrual due to an absence or
absences caused by a serious illness or injury suffered by the
employee or a family dependent living in the employee’s
household, this purchase limitation of 500 hours will be excused.
2. 40-Hour Week Schedule. A unit member assigned to a 40-Hour week
schedule who retires on a service, disability, or industrial disability
retirement and has 1,000 hours of accumulated sick leave at the date of
retirement, is also an “eligible retiree.” An employee in the 40-hour week
who has fewer than 1,000 hours of accumulated sick leave at the date of
retirement may become eligible for coverage for employee and spouse
health insurance premium by paying the City an amount equal to their
hourly pay rate at the time of retirement times the number of hours needed
to meet the 1,000 hours of accumulated sick leave requirement. There
are 3 conditions for an employee assigned to a 40-hour workweek to be
eligible to exercise this buyback provision:
a. The employee must be at least 50 years old.
b. The employee must have worked full-time continuously for the City
of Arcadia for a minimum of 15 years, and
c. The employee is limited to purchasing a maximum of 350 hours of
sick leave; provided, however, upon verification of information from
a qualified medical provider that an employee has substantially
depleted the employee’s sick leave accrual due to an absence or
absences caused by a serious illness or injury suffered by the
employee or a family dependent living in the employee’s
household, this purchase limitation of 350 hours will be excused.
In addition, the eligible employee must apply prior to retirement for such
coverage through Human Resources. The Association shall notify Human
Resources in the event of the death of a retired member.
In order to be eligible for retiree health coverage, the employee, and if
applicable, the employee’s spouse, must be enrolled in a City-sponsored
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health plan as of the retiree’s last day of work and maintain eligibility to
continue in the CalPERS Health Program as stipulated by the Health
Program.
Section B. RETIREE MEDICAL FOR EMPLOYEES HIRED ON OR AFTER JULY 1,
2011
For employees hired on or after July 1, 2011 that retire from the City and who
remain enrolled in a CalPERS health plan after retirement (Tier 3 Retiree) or
who do not meet the 3 conditions outlined in Section A, above, the City will
pay no more than the PEHMCA Minimum contribution. Tier 3 Retirees shall
not be reimbursed or otherwise receive payment from the City for health
insurance premiums in excess of the PEMHCA Minimum contribution.
Section C. RETIREE MEDICAL TRUST
The Association will establish participation in a retiree medical plan
administered by the PORAC Retiree Medical Trust, and the cost of establishing
the trust shall be at no cost to the City. The City is not a party to the Trust, aside
from transferring funds, and has no obligations to the management, regulatory
compliance, or performance of the Trust.
1. Contributions to the PORAC Retiree Medical Trust
a. Employer Contributions. The City will transfer to the PORAC Retiree
Medical Trust a monthly pre-tax employer contribution on $151.00 for
each employee working in the bargaining unit represented by the
Association, on an ongoing twice monthly (24 times per year) basis
of $75.50, in perpetuity.
b. Employee Contributions. The City will deduct from each paycheck
(24 times per year) and remit to the Trust a pre-tax employee
contribution for each employee working in the bargaining unit
represented by the Association. The amount will be specified in
writing to the City by the Association, and each employee will
contribute the same predetermined dollar amount.
2. The City will comply with reasonable rules set by the Trust Office with regard
to reporting and transferring the required contributions set forth above
typically involving providing the Trust Office with the name, social security,
number and amount paid for each employee. In the event the reporting
requirement of the Trust requires reporting beyond that which the City
typically provides for other similar purposes (health insurance, the City may
require the Association to pay for any costs related to programming or
producing such reports. Prior to engaging in any activity that could result in
such an expense, the City will secure the Association’s authorization.
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3. The Association agrees to indemnify and hold the City harmless from any
liabilities of any nature which may arise as a result of the operating of the
PORAC RMT, except for the obligation of the City to make and report the
non-elective transfer of employee contributions and employer contributions
as described above.
4. The monies contributed to the Trust fund shall only be used for retiree health
insurance premiums or health care expenses, as allowed by law. There shall
be no employee election/option available to take such amount in
unrestricted cash.
5. The purpose of this Trust shall be to provide for retiree health care expense
reimbursement benefits. The Trust shall be and remain separate and apart
from any of the City health insurance funding programs, unless changed by
mutual written agreement of the parties. The contributions made by the
employer as set forth above shall not be included as salary for purpose of
calculating pension benefits.
6. Employer contributions can only be increased by mutual written
recommendation between the City and the Association.
The City hereby acknowledges receipt of the Trust Agreement governing the
Trust and will comply with rules set by the Trust Office in regard to reporting and
depositing the required contributions set forth above. The City will cooperate
with the Trust in allowing a payroll audit only for the purpose of ascertaining if
the proper amount of contributions has been made.
ARTICLE X. HEALTH, DENTAL, VISION, LIFE INSURANCE, AND
DEFERRED COMPENSATION
Section A. CONTRIBUTIONS
The City shall provide regular full-time employees in a classification
represented by this Agreement with the following contributions:
1. CalPERS Health Program. The City will contribute the minimum employer
contribution required pursuant to Government Code §22892(b) (“Minimum
Contribution”) per month per employee for health insurance.
2. Dental Insurance – mandatory enrollment. The City will contribute the
employee only cost for DeltaCare USA insurance per month (“Dental
Contribution”) toward one of two dental plans. Additional coverage may
be purchased through the Optional benefits allocation.
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3. Optional Benefits. Subject to the limits set forth herein, the City shall
contribute the remaining amount of employee’s health and dental
insurance benefit allowance through a contribution to an Internal Revenue
Code §125 Cafeteria Plan as follows:
a. Single employees without dependents, hereinafter referred to as
“Employee Only,” shall receive a contribution from the City,
inclusive of the Minimum Contribution and Dental Contribution,
toward the cost of premiums not to exceed $653/month.
b. Employees with one qualified dependent hereinafter referred to as
“Employee + 1” shall receive a contribution from the City, inclusive
of the Minimum Contribution and Dental Contribution, towards the
cost of premiums not to exceed $1,158/month.
c. Employees with two or more qualified dependents, hereinafter
referred to as “Family,” shall receive a contribution from the City,
inclusive of the Minimum Contribution and Dental Contribution,
towards the cost of premiums not to exceed $1,460/month.
For example, an employee shall receive a monthly contribution from the City
as follows:
Employee Only Employee + 1 Family
PEMHCA minimum* $143.00* $143.00* $ 143.00*
Minimum Dental $ 16.9* $ 16.93* $ 16.93*
Optional Benefits $493.07 $998.07 $1,300.07
Total $653.00 $1,158.00 $1,460.00
*Numbers used in this example are 2021 rates.
For the duration of this Agreement, the City will not reduce the benefit
allowance amounts stated in this MOU, nor will they pay less than the
minimum contributions outlined in this section.
If the premium cost of the health and dental plans in which an employee enrolls
exceeds the City's benefit contribution, the employee shall pay through payroll
deduction the difference between the monthly premium and the amount
contributed by the City. The employee shall forfeit any balance should the
City's contribution exceed the cost of the premium.
The employee's exercise of the option to use the difference toward dependent
health coverage is subject to the conditions controlling enrollment periods and
eligibility established by the respective plans or carriers.
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Dependent enrollment will require proof of eligibility for dependent status
including social security number, marriage, birth and/or adoption certificates.
4. Life Insurance. The City shall provide a $25,000 life insurance/$50,000
accidental death and dismemberment benefit for eligible employees.
The City agrees to pay up to $10,000 for funeral expenses for members
killed in the line of duty or work-related death within five (5) years after
retirement.
5. Vision Plan. The City shall provide each employee with a vision plan,
with the City paying the premium up to the cost of the family plan. The
vision plan will be Vision Service Plan, Option B.
6. Deferred Compensation. During the term of this agreement, the City shall
contribute to each employee’s IRC 457 Deferred Compensation Account
in the following amounts:
a. $100.05 per pay period starting July 1, 2016 and to continue
indefinitely unless otherwise amended through labor negotiations.
b. It is understood by the parties that deferred compensation
contributions are paid over 24 pay periods each calendar year.
Article XI. DISABILITY INCOME INSURANCE
The City does not contribute to disability income insurance for represented
employees. The Association agrees to purchase its own disability insurance
through payroll deductions.
ARTICLE XII. UNIFORMS
Section A. UNIFORM SUPPLY
The initial supply of uniforms is: 4 pair of work pants, 3 work shirts, 1 belt, 1
belt buckle, 2 pair of work boots, badge, and a work jacket.
The Captain class "A" uniform includes: 1 pair of dress pants, a Double-
Breasted jacket, white long sleeve shirt, tie, billed hat, and dress badge
The Firefighter, Firefighter/Paramedic and Fire Engineer class “A” uniform
includes: 1 pair of dress pants, 1 dress shirt, tie, billed hat, and dress badge.
The above items are supplied upon employment to all personnel and Captain
class “A” uniform immediately following promotion.
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Section B. UNIFORM REPLACEMENT PROGRAM
There shall be a Uniform Replacement Program for the following
items:
1. Shirts
2. Trousers
3. Work Jacket
The program shall be administered by, and at the discretion of the City, for
the purpose of providing replacement of worn items only.
Section C. SAFETY SHOES
The City of Arcadia shall set standards for footwear in the Arcadia Fire
Department. The City shall provide a safety boot for each member of the Fire
Department who is involved in the suppression of fires. This boot will be
required footwear for the department. The total cost of the safety boot shall
be borne by the City. Increases in cost for the safety boot shall also be
absorbed by the City. The only footwear cost the City will pay is for the safety
boot. Responsibility for standards of footwear is the City's alone.
Section D. RETURN OF UNIFORMS
Upon termination of employment the employee shall turn in all current
uniforms issued in their possession or shall have a dollar amount equal to the
lost uniforms' cost deducted from the employee's final check.
Section E. UNIFORM REPORTING
The City shall report $25.19 per pay period to CalPERS as special
compensation for department issued uniforms.
Article XIII. TUITION ADVANCEMENT/ REIMBURSEMENT
Employees shall be eligible for tuition advancement or reimbursement who
have completed at least one probationary period in the Classified Service, or
one year of continuous service if employment is “at-will,” subject to the
conditions below. To qualify for tuition advancement/reimbursement, a
Tuition Advancement/ Reimbursement Form must be submitted and pre-
approved by the employee’s Department Head and Human Resources
Administrator before the course(s) begin.
Tuition advancement or reimbursement shall only be for the first degree in
each education level that an employee seeks to obtain, and shall only be for
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courses, specialized training, or degree programs "job-related" that are
directly related to the employee's position as determined by the City Manager
or designee.
The Tuition Advancement/Reimbursement Program will operate on a fiscal
year basis (July 1 through June 30) and shall be subject to the availability of
funds as determined by the City. The maximum advancement or
reimbursement amount shall be $4,126 for undergraduate courses and
$5,062 for graduate courses. Eligible fees include tuition, on campus parking
fees and textbooks. All other fees are subject to approval by the City. School
supplies are not reimbursable.
All course work must be completed while employed by the City of Arcadia
with a passing grade of "C" or equivalent when numerical score or pass/fail
grade is given. If the employee either does not receive a “C” or better or for
any reason does not finish the class, the advance is due and payable.
Any employee who voluntarily retires or terminates employment or be
terminated for disciplinary cause within one year from the completion of a
class or classes shall refund all tuition paid under this provision for those
specific classes unless they were required to attend by the appointing power.
An employee who separates employment and who received tuition
advancement and did not complete a class or classes within one (1) year from
the advancement, shall refund all tuition advanced and be subject to the
provisions outlined in the Advanced Tuition Participation and Loan
Agreement. Employees who retire on a Disability or Industrial Disability
Retirement or are laid off shall not be required to refund tuition fees.
The City reserves the right to investigate any school and approve or deny it
for advancement or reimbursement if such action appears warranted.
Courses must be taken at an accredited education institution, which is defined
as any college or university which has been accredited by a recognized
government or professional accrediting body (as determined by the City).
Additionally, the City reserves the right to deny any course(s), specialized
training or degree programs determined by the City Manager to be non-job
related.
Article XIV. LEAVES
In accordance with the current Personnel Rules and Regulations of the City
of Arcadia, all leaves for classifications represented by this Agreement shall
be provided for as follows:
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Section A. POWER TO GRANT LEAVES
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power to
grant leaves of absence with or without pay subject to the following
restrictions:
1. Length. Leave of absence without pay may be granted for a period not to
exceed one (1) year with the exception that military leaves may be granted
for the duration of a war or national emergency or as required by the
Military and Veterans' code.
2. Reason. A leave of absence may be granted an employee, provided
he/she meets all other requirements set forth in this rule, who desires to
attend school or college or to enter training to improve the quality of his/her
service, who enters military service of the United States, who is
temporarily incapacitated by illness, or who presents some other reasons
equally satisfactory.
3. Right to Return. The granting of a leave of absence without pay confers
upon the employee the right to return to his/her classification before or at
the expiration of his/her leave of absence. Therefore, a leave of absence
shall be granted only to an employee who intends to return to his
classification with the City.
4. Service Record. No request for leave of absence will be considered
unless the employee presenting the request has a satisfactory service
record.
An employee granted a leave of absence may be required by the appointing
power or the City Manager to successfully pass a medical examination prior
to being allowed to return to work.
The granting of a leave of absence of 30 days or less, with or without pay,
shall not constitute an interruption of service within the meaning of this
subsection. The granting of a leave of absence with or without pay of more
than 30 days shall constitute an interruption of service unless, in the action
granting such leave of absence, it is provided that such leave of absence shall
not constitute an interruption of service.
Section B. MILITARY LEAVE
Any employee who is a member of the reserve corps of the armed forces of
the United States or of the National Guard or the Navy Militia shall be entitled
to a temporary military leave of absence as provided by applicable Federal
law and applicable California State law.
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Although a military leave of absence is not considered a break in service in
relation to seniority, if the employee wishes to have their extended military
service time credited toward CalPERS, the employee may buy back credit for
their leave of absence for active military service through CalPERS as
CalPERS has determined that payments while on such service are not
reportable for retirement purposes.
Section C. VACATION LEAVE
During the course of this MOU, both parties agree to meet and confer on the
issue of eliminating the vacation and sick leave accrual banks and creating a
single leave bank of Paid Time Off. However, there will be no changes to the
MOU language and/or practice unless both parties mutually agree.
1. Employees assigned to a 24 hour shift schedule in the classification of
Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the
exception of temporary appointments, shall accumulate vacation leave
beginning with the first full pay period of employment, at the rate of 7.384
hours per pay period during the first five years of continuous full time
employment with the City (8.0 shifts per year); at the rate of 8.307 hours
per pay period between the employee’s fifth and tenth anniversary date of
continuous full-time employment; at the rate of 10.153 hours per pay
period between the employee’s tenth and fifteenth anniversary date of
continuous full time employment; and at the rate of 11.076 hours per pay
period after the completion of fifteen years of continuous full time
employment with the City (12 shifts per year). For employees assigned to
24-hour shifts, a "day" means 12 hours or one-half (1/2) shift.
2. Sworn employees assigned to a 40-hour week schedule, with the
exception of temporary appointments, shall accumulate vacation with pay
beginning with the first full pay period of employment at the rate of 4.61
hours per pay period during the first ten years of continuous full time
employment with the City and at the rate 6.77 hours per pay period after
the completion of ten years of continuous full time employment with the
City.
3. Accumulated vacation leave shall be granted at the discretion of the
appointing power.
4. Vacation may not be accumulated beyond the amount accumulable for 65
pay periods. Once an employee has accumulated this amount, no more
vacation will be accrued by the employee until the employees' accrual has
been reduced below this maximum amount.
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5. When through work circumstances and needs of the job, an employee has
been unable to utilize vacation time and this has not been a pattern or
practice for that employee, the City Manager for good cause may approve
excess accumulated vacation, provided the employee reduces this total
below the allowable maximum within 6 months.
6. An employee who has previously requested and was granted approval of
vacation leave for use during the last 3 months of the calendar year and
is unable to utilize such leave because of the City's cancellation of leave
shall be allowed to carry over the excess leave time into the next 3 months
of the new calendar year, if rescheduling of the vacation leave is not
possible.
7. Upon termination, vacation used shall be pro-rated against vacation
earned. Every City employee who leaves the City employ for any reason
shall be granted all accumulated vacation or shall be paid therefore at
his/her rate of compensation applicable at the time he/she leaves the City
employ. If an employee works more than 50% of the pay period, the
employee shall receive credit for 50% of that pay period's vacation.
8. Every City employee who leaves the City employ for any reason shall be
granted all accumulated vacation or shall be paid therefore at his/her rate
of compensation applicable at the time he/she leaves the City employ. If
an employee works 50% of the pay period, the employee shall receive
credit for that pay period's vacation accrual. In an employee works less
than 50% of the pay period, the employee accrues nothing.
Section D. SICK LEAVE
1. All employees in classifications represented by this Agreement with the
exception of temporary appointments, shall accrue sick leave beginning
with the first full pay period of employment on the basis of 5.54 hours for
each pay period of service completed with the City (6 shifts per year) or 1
hour for every 30 hours worked, whichever is greater. The maximum
accrual per year is 144 hours.
2. Paid sick leave will carry over each year of employment. Sworn
employees may accumulate up to a maximum of 2,100 hours of sick leave.
For employees assigned to 24 hours shifts, a "day" means 12 hours or
one-half (1/2) shift.
3. Sick leave means paid authorized absence from duty of an employee due
to one of the following:
a. Diagnosis, care, or treatment of an existing health condition of, or
preventive care for, an employee
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b. Diagnosis, care, or treatment of an existing health condition of, or
preventive care for, and employee’s family member, which includes
parent (biological, adoptive, foster parent, step parent, legal
guardian or a person who stood loco parentis when employee was
a child), child (biological, adoptive, foster child, step child, legal
ward, or a child to whom the employee stands loco parentis
regardless of age or dependency status), spouse, registered
domestic partner, parent-in-law, sibling, grandchild, or
grandparent; or
c. For an employee who is a victim of domestic violence, sexual
assault or stalking for the purposes described in Labor Code
Section 230(c) and 230.1(a).
An employee will make reasonable effort to schedule medical appointments during
non-working hours.
4. Kin Care Leave. In addition to the prescribed purposes of paid sick leave
in section 3, an employee may use up to one-half of their annual accrual
of sick leave to care for and attend to a family member who is ill. Every
effort shall be made to schedule medical appointments for an ill family
member during non-working hours. Family members for purposes of Kin
Care Leave shall include parent (biological, adoptive, foster parent, step
parent, or legal guardian), child (biological, adoptive, foster child, step
child, legal ward, a child of a registered domestic partner, or a child to
whom the employee stand loco parentis regardless of age or
dependency), spouse, or registered domestic partner.
5. Sick leave may be used by an employee in accordance with sections 3
and 4 above. The minim increment of use of paid sick leave shall be 2
hours. Any employee when off-duty as a result of personal or family
illness shall report the fact immediately to their supervisor, or to the officer
then in charge at the department, giving the nature of the illness or
circumstances relative to their absence.
6. The term "immediately" means that the employee or someone acting for
the employee, shall notify the department as soon as it becomes apparent
that the employee will not be able to report for duty.
7. Proof Of Illness. If paid sick leave is taken for the diagnosis, care, or
treatment of an existing health condition of, or preventive care of an
employee or an employee’s family member, the Fire Chief and the City
Manager may require an employee to provide medical certification or
evidence of the reason for any employee’s sick leave absence that occurs
after the employee has used 3 days of paid sick leave in a year of
employment. If the employee fails to provide such evidence as required
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by the Fire Chief, and within the limit specified by the department, the
absence will be charged to leave without pay.
8. Denial. The Fire Chief and City Manager may deny or revoke sick leave
if the illness or injury for which it is taken is caused or substantially
aggravated by compensated outside employment.
9. Upon separation from the City of Arcadia, an employee who works 50%
of the final pay period, shall receive credit for that pay period’s sick leave
accrual. If an employee works less than 50% of the pay period, the
employee accrues nothing.
0 to 24 hours: No accrual
24-55: 1 hour
55 and above: 3.693 hours
Unused sick leave is not cashed upon termination, resignation, retirement, or
other separation from employment. Unused sick leave maybe converted to
retirement service credits, as may be permitted under applicable retirement
system and regulations.
If an employee separates from employment with the City and is rehired within
one year from separation, up to 48 hours or 6 days, whichever is greater
depending on the employee’s regular scheduled workday, of accrued and
unused sick leave will be reinstated.
Section E. BEREAVEMENT LEAVE
An employee represented by this Agreement, with the exception of temporary
appointments, may be granted a leave of absence with pay upon approval of
the Fire Chief and the City Manager at the time of death, or where death
appears imminent, in the immediate family, defined as the spouse, the
employee's or employee's spouse's mother, stepmother or father, stepfather,
brother or sister or step sibling, child or stepchild, grandparents,
grandchildren, or any relative of the employee or employee's spouse residing
in the same household. Such leave, up to a maximum 4 working days at one
time (or six (6) working days if travel outside of the following Counties is
required: Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino,
San Diego, Santa Barbara, San Luis Obispo and Ventura), shall not be
charged against sick or other leave. If over four (4) working days of such
leave is granted at one time, or over six (6), if applicable, that amount over
four (4) or six (6) days shall be charged against sick or other leave. For
employees assigned to 24 hours shifts, a "day" means 12 hours or 1/2 shift.
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Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on duty
and the injury or illness is so recognized by the Workers' Compensation Act
of California, by the City of Arcadia or the Workers' Compensation Appeals
Board, such employee shall be paid a combination of salary and Worker'
Compensation equal to his/her regular salary rate for such time as he/she is
absent from duty because of such injury or illness up to a maximum of one
(1) year from and after date of such injury or illness. Lost time due to an injury
or illness on duty shall not be charged against an employee's accumulated
sick leave. Pursuant to the Internal Revenue Code, Section 104 (a) (1),
Workers' Compensation benefits are not taxable income.
Section G. HOLIDAYS
Employees in the classifications of Firefighter, Firefighter Paramedic, Fire
Engineer and Fire Captain shall be allowed the following 12 holidays with full
pay:
New Year's Day
Martin Luther King, Jr. Day
President’s Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
The 144 hours of annual holiday-in-lieu pay must be cashed out (not to be
used for time off) prior to the end of each fiscal year and is intended as
additional compensation for employees. The cashed-out holiday pay shall be
paid out at the employee’s regular rate of pay used for the purposes of the
Fair Labor Standards Act at the time of the employee’s request. The regular
rate of pay calculation includes Longevity Pay.
Each holiday listed above is 12 hours or ½ shift.
Section H. JURY LEAVE
When a City employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay for hours served within a
one 2-week period per year. For each day the employee receives jury leave
pay, the employee shall remit to the City all fees received except mileage.
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Section I. WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a witness
shall be deemed to be on a leave of absence. With approval of the appointing
power and City Manager, the employee may be granted leave with pay during
the required absence. The employee shall remit to the City all fees received
except mileage.
A paid leave of absence shall not be granted for time spent in Court on
personal cases.
Section J. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
Section K. UNION LEAVE
Upon approval of the Fire Chief, AFFA board members or their designees
may be granted time off with pay to attend conferences, meetings, or other
union business.
Reasonable notice must be provided to the Fire Chief when requesting union
leave. The City will provide one Union Leave Bank of 48 hours per fiscal year
where all AFFA Board Members are able to draw down from to attend
conferences, meetings, and/or union business.
Article XV. PROBATIONARY PERIOD
Section A.
The probationary period is part of the examination process. It is a work-test
period during which the employee's performance and conduct on the job are
evaluated to determine whether or not the employee is fully qualified for
permanent appointment.
During the probationary period, a probationer may be released, or demoted if
permanent status is held in a lower classification, without the right of appeal,
if the appointing power deems the probationer unfit or unsatisfactory for
service.
When an acting assignment is made, it must be given to a member who meets
the current minimum qualifications for the position and has been placed on a
current eligibility list. In the absence of a current eligibility list, the acting
assignment shall be given to a member who meets the current minimum
qualifications and has been placed on an eligibility list for the assigned
position in the past. Before an eligible candidate is to be placed in an acting
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position, the current vacancy shall remain open for a period of no less than 6
shifts.
Time worked in an acting position will not count as time worked on probation
if a probationary appointment is made. All probationary periods will be 12
months.
Section B.
All eligible candidates appointed to a position from an open
competitive examination and who are not currently employed in a
permanent position shall be on probation for 12 months before
attaining permanent status.
Section C.
Eligible candidates appointed from a promotional list shall be on
probation for 12 months before attaining permanent status.
Section D.
Probationary period may be extended for a one 6-month period with
the approval of the Human Resources Administrator.
Article XVI. EMT-1 CERTIFICATION
All members of the unit shall, at a minimum, maintain an EMT-1 Certification,
or equivalent, with appropriate accreditations through the County and State
and recertify every 2 years. Training and recertification classes shall be
conducted on City time. Failure to obtain the certification or to recertify is
cause for progressive disciplinary action.
Article XVII. NO SMOKING POLICY
In recognition of the health hazards arising from the use of tobacco products,
the parties agree that as a condition of employment, all unit members hired
after July 1, 1991 shall sign individual agreements that the employee shall
refrain from smoking, vaping, chewing or otherwise using tobacco products
such as, but not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco,
hookah, or snuff.
An employee who fails to comply with the Agreement shall receive a written
warning for the first offense, 2 shifts off without pay for the second offense
and shall be discharged for the third offense.
Employees will also refrain from smoking marijuana or smoking products that
contain marijuana while employed with the City of Arcadia. Failure to comply
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will result in disciplinary action as outlined in the City’s Drug and Alcohol
Policy.
Article XVIII. RESPONSE TIME
Due to the emergency requirements of prompt response time, all members of
the unit are expected to return to work as soon as possible when required to
respond to local emergencies. Employees shall be required to make
themselves available to emergency recall response within 12 hours of
notification.
Article XIX. STAFFING
Section A. DAILY STAFFING LEVELS
During the course of this contract, the minimum daily staffing of fire
suppression personnel shall be seventeen (17) and shall consist of:
Battalion 105 ..................... Fire Battalion Chief
Engine 105 ........................ Fire Captain, Fire Engineer, and Firefighter or
Firefighter/Paramedic
Engine 106 ........................ Fire Captain, Fire Engineer, and Firefighter or
Firefighter/Paramedic
Engine 107 ........................ Fire Captain, Fire Engineer, and Firefighter/
Paramedic
Truck 105 .......................... Fire Captain, Fire Engineer, and Firefighter
Rescue Ambulance 105 .... Two (2) Firefighters/Paramedics
Rescue Ambulance 106 .... Two (2) Firefighters/Paramedics
Notes:
1. At the discretion of the Fire Chief or designee, E107 may be
staffed with a Firefighter in lieu of a Firefighter/Paramedic on a
temporary basis to meet the needs of the department.
2. Management reserves the right, in the event of a disaster or
operational crisis, to staff the above positions in acting
capacities on a temporary basis.
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Section B. STRIKE TEAM REST PERIOD
Upon returning from a strike team deployment, it will, when deemed
necessary, be mutually agreed upon by both the company officer and the duty
chief to grant a period of rest. During this period members will be excluded
from training, daily duties, and other activities in order to be mentally and
physically ready to complete their shift.
Article XX. WELLNESS PROGRAM
During the term of this Agreement, the City agrees to implement a Wellness
Program that includes a comprehensive fitness evaluation and lecture series
provided by Santa Ana College Fire Technology Department at a cost not to
exceed $14.20 per employee/year.
Article XXI. EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
1. “Grievance.” A grievance is an allegation by an employee(s) of a
misinterpretation or misapplication of any express provision of the
applicable Memorandum of Understanding or Personnel Rules and
Regulations where there is no other specific method of review provided
by City law.
2. “Grievant.” An employee or group of employees in the classified service
adversely affected by an act or omission by the City allegedly in violation
of an express provision of the Memorandum of Understanding or
Personnel Rules and Regulations.
3. “Department Administrator.” The Department Head or designee.
4. “Work Day.” A work day is any day the City offices are regularly open for
business.
Section B. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The procedure is not to be used for the purpose of changing wages, hours
and working conditions.
The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews.
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The procedure is not intended to be used to challenge a reclassification,
layoff, transfer, denial of reinstatement, or denial of a step or merit increase.
The procedure is not intended to be used in cases of oral or written reprimand,
demotion, suspension or removal.
The procedure is not to be used to challenge violation of law or past practice
unless the rules or MOU expressly refer to same.
The procedure is not to be used to challenge examinations or appointment to
positions.
Section C. TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed to
the next level.
Section D. EMPLOYEE REPRESENTATION
The employee may be represented by a person of his/her choice to prepare
and present the grievance. The employee may use a reasonable amount of
released time to process the grievance. The release time must be approved
by the Department Head.
Section E. INFORMAL GRIEVANCE PROCEDURE
Within 15 working days following the event, or within 15 working days after
the employee should reasonably have known of the event, the employee
should attempt to resolve the grievance on an informal basis by discussion
with his/her immediate supervisor.
Section F. FORMAL GRIEVANCE PROCEDURE
1. First Level of Review: Next-Level Supervisor. If the employee is not
able to resolve the grievance after discussion with his/her immediate
supervisor, within 10 working days after the informal discussion with the
immediate supervisor, the employee shall present the grievance in writing
to the next-level supervisor on the official City grievance form setting forth
the following information:
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a. The specific section of the rules or MOU allegedly violated.
b. The specific act or omission which gave rise to the alleged
violation.
c. The date or dates on which the violation occurred.
d. Documents, witnesses or evidence in support of the grievance.
e. The resolution of the grievance at the informal stage.
f. The remedy requested.
A copy of the grievance shall be provided to the Human Resources Division
of the Administrative Services Department concurrently with presentation to
the immediate supervisor.
The next-level supervisor shall render a decision in writing, on the grievance
form, within 10 working days after receiving the grievance.
2. Department Head Review. If the employee does not agree with the
decision of the next-level supervisor, within 10 working days after
receiving the next-level supervisor’s decision or 20 days from the date the
next-level supervisor received the grievance but failed to issue a decision,
the employee shall present the grievance in writing, on the grievance form,
to the Department Head.
The Department Head may require the employee and the immediate
supervisor to attend a grievance meeting. The Department Head shall
communicate a decision in writing within 10 working days of receiving the
grievance or within 10 working days of holding a grievance meeting
whichever is longer.
3. Human Resources Administrator. If the employee is not in agreement
with the decision reached by the Department Head, within 10 working
days after receiving the Department Head’s decision or 20 days from the
date the Department Administrator received the grievance but failed to
issue a decision, the employee shall present the grievance in writing to
the Human Resources Administrator on the official City grievance form.
The Human Resources Administrator may require the employee and the
immediate supervisor to attend a grievance meeting. The Human
Resources Administrator shall communicate a decision in writing within 10
working days of receiving the grievance or the holding of a grievance
meeting whichever is longer.
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4. Human Resources Commission. If the employee is not in agreement
with the decision of the Human Resources Administrator or if the Human
Resources Administrator has failed to respond, the employee shall
present the grievance to the Human Resources Commission within 10
working days from the date of receipt of the Human Resources
Administrator’s decision or 20 days from the date the Human Resources
Administrator received the grievance but failed to issue a decision.
Section G. APPEAL TO HUMAN RESOURCES COMMISSION
1. Scheduling of Hearing. Upon receipt of the request for an appeal, the
City shall, within 30 days, transmit the appeal to the Human Resources
Commission. The Commission shall schedule a hearing. The appeal
hearing shall be set not less than 20 working days nor more than 60
working days from the date of the filing of the appeal. All interested parties
shall be notified in writing of the date, time, and place of the hearing at
least 10 working days prior to the hearing.
2. Public Hearings. All hearings shall be open to the public.
3. Pre-Hearing Procedure
a. Subpoenas. The Human Resources Commission is authorized to
issue subpoenas at the request of either party prior to the
commencement of the hearing. After the commencement of the
hearing, subpoenas shall be issued by the Commission only for
good cause. Each party will prepare their own subpoenas and
present them to the Human Resources Division of the
Administrative Services Department and the other party. The
Human Resources Division of the Administrative Services
Department will issue the subpoenas. The Human Resources
Division of the Administrative Services Department will serve
subpoenas for current City employees. It will be the responsibility
of the employee or the City to serve subpoenas on individuals who
are not currently employed by the City. It will be the responsibility
of the employee and the City to submit the written request for
subpoenas at least 10 working days before the date of the hearing.
b. Exhibits and Witness Lists. 5 working days prior to the date set for
the hearing, each party shall serve upon the other party and submit,
to the Human Resources Division of the Administrative Services
Department, a list of all witnesses and a list and copy of all exhibits.
An original and 9 copies of the exhibits shall be presented to the
Human Resources Division of the Administrative Services
Department in 3-hole notebooks which are tabbed down the side
with the exhibit numbers. The employer’s exhibits shall be
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designated by number. The employee’s exhibits shall be
designated by alphabetical letter. Neither party will be permitted to
call during the hearing, a witness not identified pursuant to this
section nor use any exhibit not provided pursuant to this section
unless that party can show that they could not reasonably have
anticipated the prior need for such witness or such exhibit.
c. Statement of Issues. 5 working days prior to the date set for the
hearing, each party shall submit to the Human Resources Division
of the Administrative Services Department a Statement of Issues.
4. Submission to the Human Resources Commission. 5 working days
prior to the date set for the hearing, the Human Resources Division of the
Administrative Services Department shall present each member of the
Human Resources Commission with a copy of the jurisdictional
documents. Those documents include the grievance documents at each
level and the responses to the grievance.
5. Payment of Employee Witnesses. Employees of the City who are
subpoenaed to testify during working hours will be released with pay to
appear at the hearing. The Commission may direct that these employees
remain on call until called to testify. Employees who are subpoenaed to
testify during non-working hours will be compensated for the time they
actually testify, unless the City agrees to a different arrangement.
6. Conduct of the Hearing. The hearing need not be conducted in
accordance with technical rules relating to evidence and witnesses but
hearings shall be conducted in a manner most conducive to determination
of the truth.
Any relevant evidence may be admitted if it is the type of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory
rules which might make improper the admission of such evidence over
objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or
explaining any direct evidence that shall not be sufficient in itself to support
a finding unless it would be admissible over objection in civil actions.
The rules dealing with privileges shall be effective to the same extent that
they are now or hereafter may be recognized in civil actions.
Irrelevant and unduly repetitious evidence may be excluded.
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The Human Resources Commission shall determine relevancy, weight
and credibility of testimony and evidence. Decisions made by the
Commission shall not be invalidated by any informality in the proceedings.
During examination of a witness, all other witnesses, except the parties,
shall be excluded from the hearing upon motion of either party.
The Human Resources Commission may conduct the hearing or delegate
evidentiary and/or procedural rulings to its legal counsel.
7. Burden of Proof. In a grievance appeal the grievant has the burden of
proof by preponderance of the evidence.
8. Proceed with Hearing or Request for Continuance. Each side should
be asked if it is ready to proceed. If either side is not ready and wishes a
continuance, good cause must be stated. Any request for a continuance
must be made in writing and submitted prior to the hearing to all parties.
Before requesting a continuance, the moving party shall contact all parties
to determine if there is any opposition to the continuance and shall state
in its request if there is opposition.
9. Testimony under Oath. All witnesses shall be sworn in for the record
prior to offering testimony at the hearing. The chairperson will request the
witnesses to raise their right hand and respond to the following:
“Do you swear that the testimony you are about to give at this
hearing is the truth, the whole truth and nothing but the truth?”
10. Presentation of the Case. The hearing shall proceed in the following
order unless the Human Resources Commission for special reason,
directs otherwise:
The Human Resources Chair shall announce the issues after a review of
the statement of issues presented by each party.
The grievant (employee) shall be permitted to make an opening
statement.
The respondent (City) shall be permitted to make an opening statement,
or reserve an opening statement until presentation of its case.
The grievant shall produce his/her evidence.
The respondent may then offer its evidence.
The grievant followed by the respondent may offer rebutting evidence.
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Closing arguments shall be permitted at the discretion of the Human
Resources Commission. The party with the burden of proof, shall have
the right to go first and to close the hearing by making the last argument.
The Commission may place a time limit on closing arguments. The
Commission or the parties may request the submission of written briefs.
After the request for submittal of written briefs, the Commission will
determine whether to allow the parties to submit written briefs and
determine the number of pages of said briefs.
11. Procedure for the Parties. The party representing the department and
the party representing the employee will address their remarks, including
objections, to the Chair of the Human Resources Commission. Objections
may be ruled upon summarily or argument may be permitted. The Chair
reserves the right to terminate argument at any time and issue a ruling
regarding an objection or any other matter, and thereafter the
representatives shall continue with the presentation of their case.
12. Right to Control Proceedings. While the parties are generally free to
present their case in the order that they prefer, the Chair reserves the right
to control the proceedings, including, but not limited to, altering the order
of witnesses, limiting redundant or irrelevant testimony, or by the direct
questioning of witnesses.
13. Hearing Demeanor and Behavior. All parties and their attorneys or
representatives shall not, by written submission or oral presentation,
disparage the intelligence, ethics, morals, integrity or personal behavior of
their adversaries or members of the Commission.
14. Deliberation Upon the Case. The Commission will consider all oral and
documentary evidence, the credibility of witnesses, and other appropriate
factors in reaching their decision. The Commission may deliberate at the
close of the hearing in closed session or at a later fixed date and time not
to exceed 10 working days.
15. Recommended Decision. The Human Resources Commission shall
render its recommendations as soon after the conclusion of the hearing
as possible, and no event, later than 10 working days after concluding the
hearing, unless otherwise stipulated to by the parties. The recommended
decision shall include an explanation of the basis for the decision.
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievant’s counsel.
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16. Recommendation to the City Manager. The decision of the Human
Resources Commission is advisory to the City Manager. The proposed
decision shall be provided to the grievant and the City Manager.
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human Resources
Administrator within 10 days of receipt of the Commission’s recommended
decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City Manager
within 10 working days of the Commission’s decision. If the appealing
party requests a transcript, that party shall pay the cost of the transcript.
17. Final Action by City Manager. Within 10 working days of the filing of
exceptions, or within 10 days of receipt of the transcript, the City Manager
shall review the decision of the Commission, any exceptions filed, and a
record, if one is requested. The decision of the City Manager shall be
final. The decision shall be transmitted to the employee and to the
Department Head.
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ARTICLE XXII. FULL UNDERSTANDING
Section A.
This Memorandum of Understanding contains all the covenants, stipulations
and provisions agreed upon by the parties and any other prior existing
understanding or Agreements by the parties, whether formal or informal,
regarding any such matters are hereby superseded or terminated in their
entirety.
It is the intent of the parties that this Agreement be administered in its entirety
in good faith during its full term. The Association recognizes that during such
term it may be necessary for Management to make changes in rules or
procedures affecting the employees in the unit, and the City, upon request,
agrees to meet and confer with the Association over matters within the scope
of representation.
For the life of this Agreement it is agreed and understood that the Association
hereto voluntarily agrees that the City shall not be required to meet and confer
with respect to any subject or matter whether referred to or covered in this
agreement or not during the term of this Agreement. The parties agree and
understand that any Section of this MOU may be reopened by mutual
consent.
Section B.
The parties have caused this Memorandum of Understanding to be executed
this _____ day of _____________, 2021
ARCADIA FIRE FIGHTERS’ ASSOCIATION
________________________________
Brian Ursettie
President
CITY OF ARCADIA
___________________________________
Dominic Lazzaretto
City Manager
43
2021 - 2024 NEGOTIATION TEAMS
AFFA NEGOTIATING TEAM
CITY REPRESENTATIVES
Jeff Bird, Firefighter/Paramedic
Richard Olivarez, Fire Captain
Jacob Sutton, Fire Captain
John Britton Cole, Fire Captain
Jason Kruckeberg,
Assistant City Manager/
Development Services Director
Hue Quach,
Administrative Services Director
Shama Curian,
Human Resources Administrator
Cecilia Todd,
Sr. Human Resources Analyst
Range
Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J
67F Firefighter 6,292$ 6,453$ 6,610$ 6,776$ 6,949$ 7,121$ 7,297$ 7,480$ 7,669$ 7,861$
68F Firefighter AA 6,453$ 6,610$ 6,776$ 6,949$ 7,121$ 7,297$ 7,480$ 7,669$ 7,861$ 8,055$
69F Firefighter BA 6,610$ 6,776$ 6,949$ 7,121$ 7,297$ 7,480$ 7,669$ 7,861$ 8,055$ 8,257$
70F 6,776$ 6,949$ 7,121$ 7,297$ 7,480$ 7,669$ 7,861$ 8,055$ 8,257$ 8,463$
71F 6,949$ 7,121$ 7,297$ 7,480$ 7,669$ 7,861$ 8,055$ 8,257$ 8,463$ 8,676$
72F 7,121$ 7,297$ 7,480$ 7,669$ 7,861$ 8,055$ 8,257$ 8,463$ 8,676$ 8,893$
73F 7,297$ 7,480$ 7,669$ 7,861$ 8,055$ 8,257$ 8,463$ 8,676$ 8,893$ 9,118$
74F Fire Engineer
Fire Paramedic 7,480$ 7,669$ 7,861$ 8,055$ 8,257$ 8,463$ 8,676$ 8,893$ 9,118$ 9,346$
75F Fire Engineer AA
Fire Paramedic AA 7,669$ 7,861$ 8,055$ 8,257$ 8,463$ 8,676$ 8,893$ 9,118$ 9,346$ 9,579$
76F Fire Engineer BA
Fire Paramedic BA 7,861$ 8,055$ 8,257$ 8,463$ 8,676$ 8,893$ 9,118$ 9,346$ 9,579$ 9,817$
77F 8,055$ 8,257$ 8,463$ 8,676$ 8,893$ 9,118$ 9,346$ 9,579$ 9,817$ 10,065$
78F 8,257$ 8,463$ 8,676$ 8,893$ 9,118$ 9,346$ 9,579$ 9,817$ 10,065$ 10,318$
79F 8,463$ 8,676$ 8,893$ 9,118$ 9,346$ 9,579$ 9,817$ 10,065$ 10,318$ 10,575$
80F Fire Captain 8,676$ 8,893$ 9,118$ 9,346$ 9,579$ 9,817$ 10,065$ 10,318$ 10,575$ 10,841$
81F Fire Captain AA 8,893$ 9,118$ 9,346$ 9,579$ 9,817$ 10,065$ 10,318$ 10,575$ 10,841$ 11,111$
82F Fire Captain BA 9,118$ 9,346$ 9,579$ 9,817$ 10,065$ 10,318$ 10,575$ 10,841$ 11,111$ 11,387$
EXHIBIT "A"
CITY OF ARCADIA MONTHLY SALARY RANGE
JULY 1, 2021 - JUNE 30, 2022
AFFA - 3.0% COLA
Range
Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J
67F Firefighter 6,544$ 6,711$ 6,875$ 7,047$ 7,227$ 7,406$ 7,589$ 7,779$ 7,976$ 8,175$
68F Firefighter AA 6,711$ 6,875$ 7,047$ 7,227$ 7,406$ 7,589$ 7,779$ 7,976$ 8,175$ 8,377$
69F Firefighter BA 6,875$ 7,047$ 7,227$ 7,406$ 7,589$ 7,779$ 7,976$ 8,175$ 8,377$ 8,587$
70F 7,047$ 7,227$ 7,406$ 7,589$ 7,779$ 7,976$ 8,175$ 8,377$ 8,587$ 8,801$
71F 7,227$ 7,406$ 7,589$ 7,779$ 7,976$ 8,175$ 8,377$ 8,587$ 8,801$ 9,023$
72F 7,406$ 7,589$ 7,779$ 7,976$ 8,175$ 8,377$ 8,587$ 8,801$ 9,023$ 9,249$
73F 7,589$ 7,779$ 7,976$ 8,175$ 8,377$ 8,587$ 8,801$ 9,023$ 9,249$ 9,483$
74F Fire Engineer
Fire Paramedic 7,779$ 7,976$ 8,175$ 8,377$ 8,587$ 8,801$ 9,023$ 9,249$ 9,483$ 9,720$
75F Fire Engineer AA
Fire Paramedic AA 7,976$ 8,175$ 8,377$ 8,587$ 8,801$ 9,023$ 9,249$ 9,483$ 9,720$ 9,963$
76F Fire Engineer BA
Fire Paramedic BA 8,175$ 8,377$ 8,587$ 8,801$ 9,023$ 9,249$ 9,483$ 9,720$ 9,963$ 10,209$
77F 8,377$ 8,587$ 8,801$ 9,023$ 9,249$ 9,483$ 9,720$ 9,963$ 10,209$ 10,467$
78F 8,587$ 8,801$ 9,023$ 9,249$ 9,483$ 9,720$ 9,963$ 10,209$ 10,467$ 10,731$
79F 8,801$ 9,023$ 9,249$ 9,483$ 9,720$ 9,963$ 10,209$ 10,467$ 10,731$ 10,998$
80F Fire Captain 9,023$ 9,249$ 9,483$ 9,720$ 9,963$ 10,209$ 10,467$ 10,731$ 10,998$ 11,275$
81F Fire Captain AA 9,249$ 9,483$ 9,720$ 9,963$ 10,209$ 10,467$ 10,731$ 10,998$ 11,275$ 11,556$
82F Fire Captain BA 9,483$ 9,720$ 9,963$ 10,209$ 10,467$ 10,731$ 10,998$ 11,275$ 11,556$ 11,843$
EXHIBIT "A"
CITY OF ARCADIA MONTHLY SALARY RANGE
JULY 1, 2022 - JUNE 30, 2023
AFFA - 4.0% COLA
Range
Number Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J
67F Firefighter 6,871$ 7,046$ 7,219$ 7,400$ 7,588$ 7,776$ 7,969$ 8,168$ 8,375$ 8,584$
68F Firefighter AA 7,046$ 7,219$ 7,400$ 7,588$ 7,776$ 7,969$ 8,168$ 8,375$ 8,584$ 8,796$
69F Firefighter BA 7,219$ 7,400$ 7,588$ 7,776$ 7,969$ 8,168$ 8,375$ 8,584$ 8,796$ 9,016$
70F 7,400$ 7,588$ 7,776$ 7,969$ 8,168$ 8,375$ 8,584$ 8,796$ 9,016$ 9,241$
71F 7,588$ 7,776$ 7,969$ 8,168$ 8,375$ 8,584$ 8,796$ 9,016$ 9,241$ 9,474$
72F 7,776$ 7,969$ 8,168$ 8,375$ 8,584$ 8,796$ 9,016$ 9,241$ 9,474$ 9,712$
73F 7,969$ 8,168$ 8,375$ 8,584$ 8,796$ 9,016$ 9,241$ 9,474$ 9,712$ 9,957$
74F Fire Engineer
Fire Paramedic 8,168$ 8,375$ 8,584$ 8,796$ 9,016$ 9,241$ 9,474$ 9,712$ 9,957$ 10,206$
75F Fire Engineer AA
Fire Paramedic AA 8,375$ 8,584$ 8,796$ 9,016$ 9,241$ 9,474$ 9,712$ 9,957$ 10,206$ 10,461$
76F Fire Engineer BA
Fire Paramedic BA 8,584$ 8,796$ 9,016$ 9,241$ 9,474$ 9,712$ 9,957$ 10,206$ 10,461$ 10,720$
77F 8,796$ 9,016$ 9,241$ 9,474$ 9,712$ 9,957$ 10,206$ 10,461$ 10,720$ 10,991$
78F 9,016$ 9,241$ 9,474$ 9,712$ 9,957$ 10,206$ 10,461$ 10,720$ 10,991$ 11,267$
79F 9,241$ 9,474$ 9,712$ 9,957$ 10,206$ 10,461$ 10,720$ 10,991$ 11,267$ 11,548$
80F Fire Captain 9,474$ 9,712$ 9,957$ 10,206$ 10,461$ 10,720$ 10,991$ 11,267$ 11,548$ 11,839$
81F Fire Captain AA 9,712$ 9,957$ 10,206$ 10,461$ 10,720$ 10,991$ 11,267$ 11,548$ 11,839$ 12,133$
82F Fire Captain BA 9,957$ 10,206$ 10,461$ 10,720$ 10,991$ 11,267$ 11,548$ 11,839$ 12,133$ 12,435$
EXHIBIT "A"
CITY OF ARCADIA MONTHLY SALARY RANGE
JULY 1, 2023 - JUNE 30, 2024
AFFA - 5.0% COLA
RESOLUTION NO. 7401
RESOLUTION 7401 AMENDING THE FISCAL YEAR 2021-22
GENERAL FUND OPERATING BUDGET AUTHORIZING A
BUDGET APPROPRIATION IN THE AMOUNT OF $440,000 FOR
COSTS ASSOCIATED WITH ADOPTION OF THE ARCADIA FIRE
FIGHTERS' ASSOCIATION MEMORANDUM OF
UNDERSTANDING
WHEREAS, representatives of the City and representatives of the Arcadia Fire
Fighters' Association ("AFFA") have met, conferred, and negotiated in good faith
regarding wages, hours and working conditions. As a result of such good faith
negotiations the City and AFFA have come to an agreement; and
WHEREAS, an appropriation is needed to fund the City's agreement with the AFFA
for the wages, hours, and working conditions as listed in the July 1, 2021 - June 30, 2022,
portion of the Memorandum of Understanding ("MOU") between the City and the AFFA;
and
WHEREAS, the Administrative Services Director has projected that there will be
surplus revenue in the currently adopted General Fund Operating Budget to fund the
additional appropriation needed for purposes of the agreement with the AFFA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The sum of Four Hundred Forty Thousand Dollars ($440,000)
is hereby appropriated in the Fire Department's General Fund Operating Budget for
the purposes of funding the agreement with the AFFA.
SECTION 2. The Arcadia City Council finds that this is not a project under the
California Environmental Quality Act and, therefore, no environmental impact assessment
is necessary.
1